Saraswati v The Queen

The applicant, Akhandananda Saraswati, sought special leave to appeal to the High Court of Australia against a decision of a lower court. The dispute concerned the application of a limitation period to prosecutions for offences relating to carnal knowledge of a girl under the age of 16.

The central legal issue before the High Court was whether the limitation period, which had been introduced in 1910 and subsequently amended, applied to all prosecutions for offences involving a girl under 16, including attempts and indecent assaults, or only to the specific offence of carnal knowledge. The applicant argued that the limitation period, originally six months and later increased to 12 months, was intended to apply broadly to associated offences, reflecting the consensual nature of such acts and the potential for stale prosecutions involving young offenders.

The Court considered the historical context of the legislation, noting that the limitation period was introduced alongside an increase in the age of consent to 16. The rationale for the limitation period was understood to be the likelihood of these offences being consensual, meaning complaints might not be raised promptly, and also the public interest in not prosecuting young men for "childhood or schoolboy offences" years after the event. The applicant contended that the limitation period, as originally enacted and subsequently amended, applied to attempts and indecent assaults concerning girls under 16, not just the act of carnal knowledge itself.